Find The Best Labor Law Attorney for Wrongful Termination
Updated: Jun 5
Why Work With A Pre-Screened Employment Lawyer for a Claim of Wrongful Termination
When an employer fires or terminates an employee for reasons other than competence or job ability, this is known as Wrongful Termination. This suggests that the employer discriminated against the employee in some way and decided to fire them as a result. This means that an employer can conclude that you aren't putting in enough work or aren't fully committed to your job, but they can't fire you because of prejudice.
Wrongful Termination regulations were enacted to protect workers from unfair or illegal dismissal practices. When you seek legal counsel because you think you were wrongfully dismissed, these employment laws are on your side. However, arguing that you were fired for an unjust cause can be difficult, which is why you should hire an experienced Labor Law Attorney.
What Does Wrongful Termination Entail?
In a nutshell, Wrongful Termination is described as being fired from your job for an illegal cause.
Here are a few cases of Wrongful Termination:
Unfair firing occurs when an employee is threatened or discriminated against and reports it to the employer, who then fires the employee.
Employees in California are shielded from discrimination under both state and federal law. The Fair Employment Housing Act (FEHA), the California Family Rights Act (CFRA), and the New Parent Leave Act are among these statutes (NPLA).
Types of Workplace Discrimination
All workers should be classified fairly or paid solely on the basis of merit and achievement. There are also regulations in place to prevent discrimination against workers based on protected characteristics. Unfortunately, this is often insufficient to ensure a secure working atmosphere. An Employment Lawyer may be able to assist you in seeking restitution if you are unable to fulfill your job duties as a result of the prejudice you have experienced.
Discrimination is prohibited on the grounds of the following categories:
2. Retaliation for contesting a pay or overtime dispute
Wage conflicts can also lead to an employee being fired without cause. This suggests that an employee complained about their salaries not being paid, and the employer fired the employee for doing so.
When it comes to wage and hour breaches, California has some of the best legal rights. Wage and hour violations refer to situations in which an employer fails to compensate or underpays their workers.
The following are some of the more famous wage and hour violations:
Employees being misclassified as excluded or nonexempt.
Employees are classified as independent contractors rather than employees.
Employees not being compensated for all overtime hours worked and/or being forced to work "off the clock" without pay
Taking away workers' constitutionally required meal and/or rest breaks.
A nonexempt employee that's 18 years old or older cannot be hired or employed for more than a total of eight hours in one workday or for more than forty hours in a workweek in the state of California unless that employee resigns. This also applies to a minor employee who is 16 or 17 years of age and is not required to attend school and/or is not prohibited by law from participating in the subject work.
Breaks for meals and rest
If they work for at least five hours in a day, the majority of California workers — including most excluded employees — are entitled to one (1) 30-minute meal break. Employees who work more than ten hours a day are entitled to a second meal break. (512 of the Labor Code)
If an employee works fewer than six hours a day, he or she will opt out of taking a meal break. In addition, an employee can waive a second meal break only if he or she works fewer than twelve hours in a day and if his or her first meal break has not been waived. (512 of the Labor Code)
During a meal break, an employee must be relieved of his or her job duties and be able to leave the workplace. If an employee's employer wants them to stay on the premises throughout their meal break, they must be compensated. (California Code of Regulations, Title 8, Section 11050)
If an employer fails to offer a meal break, the employee is entitled to one additional hour of pay at the normal rate. If the employer does not have a meal break, an employee is only permitted to work an additional hour per day. (California Code of Regulations, Title 8, Section 11050)
Finally, California employers are required to have a paid 10-minute rest break for every four hours worked. The rest time should be given in the middle of the work period, if possible.
Wage theft occurs more often when workers are not paid minimum wage or are not paid time and a half for all hours worked in excess of forty in a workweek.
Wage theft can also take the form of:
An employee is not paid at all.
After quitting a job, not paying an employee their last paycheck.
Not being compensated for all hours worked.
Pay less than the minimum wage.
Overtime is not compensated.
Non-union workplaces are more likely to experience wage theft. This is because a union worker is paid according to the terms of his or her collective bargaining agreement, and any cases of wage theft are automatically challenged by the union. Janitorial services, agriculture, restaurants, poultry processing, garment manufacturing, and retail are all places where wage theft has been recorded.
Who should I contact if I suspect wage theft?
Before taking any action, make sure to consult with your boss. Request an explanation from your boss. This will help you decide if your earnings were diminished or missed due to a distribution error or even a bank error, rather than whether your employer simply refused to pay you.
If a clerical error occurred, the employer should willingly consent to pay any costs you incurred as a result of their error. Engaging in conversation also has the added advantage of demonstrating that you didn't forget to apply your timesheets.
However, if there is a trend of not being paid on time or in full, or if it seems that you have been underpaid on purpose, you can contact the Wage and Hour Division of the United States Department of Labor (WHD). Many of the nation's most relevant job safety regulations are administered and enforced by this department. An Labor Law Attorney can assist you through this process.
3. Retaliation for refusing a sexual harassment
If an employer makes sexual advances to an employee and the employee refuses, the employer can fire the employee. This is an unconstitutional act of wrongful firing, and the employee will be entitled to seek legal recourse.
Have you been subjected to unwelcome advances by a coworker? Perhaps a coworker or boss has been sending you offensive emails or making remarks that make you feel uneasy. Sexual harassment at work, regardless of the circumstances, is not only unethical but also illegal.
Sexual assault is a delicate subject that can impair your ability to function and make it difficult to speak up when you are uncomfortable. An individual may commit acts of sexual harassment in the workplace in a variety of ways. Consider one of our prescreened California Lawyers in your California Attorney Search.
Sexual harassment can take the form of:
Requesting sexual favors or making a quid pro quo deal
Attack on a woman
Innuendos of a sexual nature
Jokes about one's body that are sexual in nature
Remarks that are sexist
Displaying pornographic material
Unwanted physical contacts, such as massages on the neck or shoulders
Staring or glancing at one's body in an uneasy manner
Inquiring about a person's sexual orientation
Even after being refused, repeatedly asking someone out on dates
Disseminating sexual gossip about a coworker
Presenting a Sexual Harassment Claim
You could be entitled to file a complaint against your employer if you were subjected to repeated and unwelcome sexual advances or comments that produced a hostile work atmosphere. You must also file a lawsuit with the relevant government department.
Making a Claim Against Your Employer. If you've been sexually assaulted at work by a coworker, supervisor, company agent, or someone else, keep track of the dates and file a report with your boss. When you file charges, keeping track of the specifics of the harassment will help with the investigation.
Bringing a Charge to the Attention of the Appropriate Agency. You should file a Discrimination Claim with either the US Equal Employment Opportunity Commission (EEOC) or California Department of Fair Employment and Housing (FEHA) before pursuing a complaint against your employer (DFEH). The laws regulating your case will determine which entity you can file a charge with. In certain cases, submitting with one agency would automatically send your charge to the other. Your Labor Law Attorney may assist you in determining which laws apply to your ca